Really, really need some help and update!!!

MCBIRNIE25

Hi Eli,
i have copied you the law for tenants, read the highlighted bits carefully.
who is this section intended for?
This section is intended for all tenants of private landlords. A tenant is anyone who has an exclusive right to use premises, for a particular length of time, in return for payment. The acid test is whether you have ‘exclusive possession’ of the premises. That includes the right to restrict access to your landlord. A lodger (someone who shares accommodation with his landlord) cannot. A private landlord is any person who or private company which lets residential dwellings. If you have any doubts as to whether you are a private tenant, please click the icon ‘Housing Status’.

introduction
This section is designed to introduce private tenants to the law of repossession. The general rule is that landlords need a court order to repossess any residential property. Landlords cannot simply tell you to leave.

The law relating to repossession is extremely complex. This stems from the fact that there are several forms of residential tenancy in existence and each has its own special rules for creation, termination and repossession. These formalities need to be complied with. Therefore, the first stage in defending any possession action is identifying what kind of tenancy you hold. From there you can begin to examine whether your landlord is conforming with all the necessary legal formalities. Therefore, you should read your tenancy agreement. At the top, it should state what type of tenancy it is. Whilst this is helpful, it is not definitive. You should seek legal advice to reach a definite conclusion .

The law of private lettings is driven by two opposing forces. On the one hand, you have the rights of tenants who need some security of occupation. But on the other hand are the rights of private landlords who need to evict tenants who fail to pay their rent or seriously breach other obligations under their tenancy agreements.

summary of the law
The law recognises several different types of tenancy each with their own rules. In practice, this means that you must seek full legal advice to determine which kind of tenancy you have.

However, the following information will provide a brief guide as to the effect different types of tenancy will have on the ability of a landlord to repossess the property you have rented.

Most tenants do not live with their landlord. They have a ‘non-resident’ landlord. If such a tenancy began before 1989, it is usually called a ‘protected’ or ‘statutory’ tenancy. This means that as long as you pay your rent and act reasonably, it is very difficult for a landlord to evict you.

However, if the tenancy began after 1989, it is usually either an ‘assured shorthold’ tenancy or an ‘assured’ tenancy. The former are short-term lets of not less than six months. At the end of this period, your landlord has an absolute right to repossession, although he may chose to let you stay longer. On the other hand, assured tenancies offer tenants greater protection. When the tenancy ends, landlords do not have an automatic right to repossession. Landlords must give a good reason for possession. In most cases, assured tenants are removed only if they have built up substantial rent arrears (normally two to three months) or are damaging property.
The law was changed again in 1997. After that date, the law presumes that new tenancies created are assured shorthold tenancies. In practice, this means that new tenants have little security. After six months, the landlord has a right to repossession, provided that he complies with all the necessary requirements. However, tenancies granted before this date remain subject to their own rules. In those circumstances, there is much a tenant can do to defend an action for possession.

However, the following tenancies are exceptions. They are subject to their own special rules:
lettings by a government department
lettings by a university or college
lettings where the rent is more than £25,000 per year
lettings where the rent is £1000 per year or less (in Greater London)
lettings where the rent is £250 per year or less (outside Greater London)
lettings where the landlord lives in the same building as the tenant

You should seek specific legal advice if any of the above apply to you.

possible actions
In brief, judges must listen to the evidence of both a landlord and tenant before deciding whether or not to grant an order for possession. Since the landlord is bringing the action, the burden falls upon him to prove his case. He must prove that he has valid grounds for seeking possession and that every legal formality has been complied with. As the defendant, the tenant needs only to show defects in the landlord’s case. If enough defects can be highlighted, the landlord’s case may collapse. In which case, the tenant will be entitled to remain in his dwelling.

However, if the landlord proves his case and the court grants him an order for possession you should leave. If you do not, bailiffs may be sent to evict you.

Given the complexities of this area, the following can only hope to be an introductory guide. It is vital that full legal advice is sought as quickly as possible to ensure that your rights are protected. In particular, if your landlord tries to remove you through any means other than those described below (ie force, harassment) he will be acting unlawfully and may be guilty of a criminal offence. legal provisions
Rent Act 1977
Section 6 Criminal Law Act 1977
section 3 Protection from Eviction Act 1977
sections 8, 20 - 21 Housing Act 1988

Eli_2-2

Crikey thanks for that, lots to take in, so if could go either way really, so i just got to see what council CAB say then go from there!!!

MCBIRNIE25

Eli,
the point being though that they have not given you satisfactory reasons in writing.
I would DEMAND this asap and then take it form there.Woe betide them if they do not have a valid reason for wanting you out....

skylight

I thought I was going to be offered a flat. And I was very surprised when they gave me a 2-bed house on the estate I wanted, but that was just luck!The hostel wasn't nice. But it wasn't bad.

southernscouser

Don't you dare let the barstewards take your deposit either! Cheeky f***ers need a good slap! :mad:

Weren't you thinking about moving anyway Eli?

Hows the bed by the way? Got used to sleeping more than 6 inches off the ground?

Eli_2-2

LOL yeah it lurvly, well i was thinking of moving but i dont give in and wanted to keep this place on cus its my home now our home

Mirtos

Also, keep paying the rent - I know it's annoying, but if you dont pay, then they'll have a justified reason to evict you!

davesgirl_2

if they are throwing you out because of you claiming housing benefit - then i am sure the yent allowed to do this - they can refuse peeps but if you have lived there for a while and unforseen curcumstances mean you have to claim then they are not allowed. hope things work aout for you soon

MrsTinks

Right I used to work as a lettings negotiator many moons ago so know a little something about this. Because the tenancy is in your joint names and you have notified them that your partner is no longer living there then technically you're in breach of your tenancy contract (if they have drawn up a proper one that is). We were always VERY careful about how the contracts were drawn up to prevent our landlords ending up with sitting tenants that we could not legally evict. In all our contracts it clearly stated a contract length and a notice period for either tenant, landlord or both. If yours says you can be evicted with 2 months notice at any point then they don't have to give any reason but merely have to present you with your official notification. If you don't sign it and return it it will either have a "if we don't hear from you we assume you've got this" or they'll send one of the estate agents round to hand it to you in person. Ignore it if you like but they won't let this lie...

Your best bet is to go to the council NOW and inform them that you have been evicted due to a change in circumstances and you will be homeless on x date with your child.
This means that if in future you need to rent again you can get a reference which in many cases will help a lot even if your credit history is not faultless. If you refuse to pay your rent you're potentially looking at a seriously peeved landlord who may or may not take you to small claims court etc. Not to mention you will find it very hard to ever rent a property again as they usually ask for references.

Floss

Ring Shelter - they are there to help you - see below.

Housing problems can affect anyone. But many people can find it hard to go for advice or just don't know what help is available.

"Shelter provides a free, national telephone advice line staffed by trained housing advisers. We have helped thousands of people, from finding them a place to sleep to suggesting how to handle mortgage arrears. Ring free on 0808 800 4444. Our lines are open seven days a week from 8am to midnight. Calls are recorded for training purposes.

Our advisers can:

give immediate, practical assistance
tell you your rights
offer advice and guidance
suggest specialist or local support services to help you longer term"

(All lifted off their website, https://www.shelter.org.uk)

ALSO, the Council's Homeless Department shoul be able to give you tenancy advice. They may well tell you to come back 28 days before the eviction, buts thats when you fall into their safety net. They should put you on their list, because you meet the strict Homeless criteria (parent of under 16yr old) but they may put you in temp accommodation first until a house comes up. It may take until the day of your eviction because of shortage of properties, but if that day comes then you just take the baby & move into their office reception until they find you somewhere. Believe me, it works - i've seen it!

Just one point though, if you have any pets they won't take them on too - and you may be offered a place that won't allow them.

Good luck!